Request all HOA Records including board member email communication

Started by BradS10 • 8 replies • 468 views

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BradS10
Posts: 34

Posted:

I am in a HOA in Washington state that is under RCW 64.38 HOA law and 24.03A Non profit corporation act. The board has made some pretty egregious decisions recently outside of board meetings. I would like to request all HOA records except privileged communication.

The by laws state this as far as members access to records:
Section 5. Financial and Other Records. Sufficiently-detailed financial and other records shall be kept by the corporation to enable the corporation to declare fully to each member the true statement of the corporation's financial status. All records of the corporation, including the names and addresses of the members and occupants of the Lots, shall be available for examination by all members, holders of mortgages on the Lots, and their respective authorized agents on reasonable advance notice during normal working hours. The corporation shall not release the unlisted telephone number of any member. The corporation may impose and collect a reasonable charge for copies of records and any reasonable costs incurred by the corporation in providing access to records. At least annually, the corporation shall prepare, or cause to be prepared, a financial statement of the corporation. If the corporation has annual assessments of fifty thousand dollars or more, the financial state of the corporation for such years shall be audited by an independent certified public accountant unless waived by sixty-seven percent of the votes cast by the membership at a meeting of the membership at which a quorum is present. The vote shall be taken each year to waive the audit for the year.

Would this give me the ability to request all association records including:
- emails between board members
- Emails from the board to members
- Personal text messages that are used from the board members to homeowners to address violations
- basically all records minus privileged/confidential/collection/debt information.

My belief is i should be able to request everything even without specifying the reason since the bylaws do not require it and state all records of the corporate shall be available for examination by all members.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Why do you need this information? Seems a bit intrusive. I have no idea why personal email is any business of any member. If you are not included in email then not your need to know.

What is your end game here? Running for board or running mouth?

Former HOA President

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By BradS10 on 03/17/2024 11:21 AM
[snip; see above]

Would this give me the ability to request all association records including:
- emails between board members
- Emails from the board to members
- Personal text messages that are used from the board members to homeowners to address violations

These are not "records of the corporation."

If you were to ever sue, then these would be discoverable. This is the only way you would be legally entitled to see emails and texts as you describe.

BradS10
Posts: 34

Posted:

Getting a board member removed for egregious conduct. He traditionally only notifies women in the community of the violations and on a number of occasions the messages have been inappropriate. Things like "It's not sexual but you need to remove the green lights"

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By BradS10 on 03/17/2024 11:50 AM
Getting a board member removed for egregious conduct. He traditionally only notifies women in the community of the violations and on a number of occasions the messages have been inappropriate. Things like "It's not sexual but you need to remove the green lights"

If these women are serious about wanting to stop this, then they should submit a complaint to:

Washington State Human Rights Commission, https://www.hum.wa.gov/
711 South Capitol Way, #402,
P.O. Box 42490
Olympia, WA 98504-2490
(360) 753-6770

The complaint should speak only to sexually abusive communications and nothign else.

Why? Because the director is creating a housing environment hostile on the basis of sex. This is unlawful discrimination that violates the Fair Housing Act.

The recipients of the sexually offensive texts have to make the complaint. You cannot do it for them.

I am betting they do nothing but do keep on complaining.

CathyA3 (Ohio)
Posts: 6,299

Posted:

This is likely to be viewed as a "fishing expedition" - because it is. And courts generally don't support such a request. You cite "egregious" decisions without defining what those are. And one person's "egregious" is another person's "smart". It's not unusual for homeowners to disagree with some board decisions - but that doesn't mean that the decisions were wrong.

Being able to inspect association records is not the same as the same as the association providing them - although if the records are in electronic format, that makes things easier.

You should start with one decision that you view as questionable and then figure out what you need to look at to understand how the board could have gotten to that. A year's worth of financial statements is a good starting point, as are board meeting minutes.

It's unlikely you be able to view emails between board members, many of which will be irrelevant. You should already have emails from the board to members - if the emails are directed to a particular member who isn't you, you're not entitled to see that. Ditto text messages addressing violations - enforcement actions are often considered confidential.

In all cases, a homeowner who believes their board isn't doing a good job has an option: run for a seat on the board and show that you can do a better job. It's the most effective way of allowing you influence the decisions that are being made.

BradS10
Posts: 34

Posted:

Understood. I am concerned if start to state the incidents that board will work with the attorney to try to find reasons not to provide email for those specific situations. The board has retaliated against me once already.

TerriS6 (California)
Posts: 3,284

Posted:

Quote:

Posted By BradS10 on 03/17/2024 12:15 PM
Understood. I am concerned if start to state the incidents that board will work with the attorney to try to find reasons not to provide email for those specific situations. The board has retaliated against me once already.

They will deny everything - that there were any emails. Once the retaliation starts, it won't stop. Especially if the board makeup doesn't change and they keep the same lawyer. The good news is these crooks usually make mistakes and violate the law in which case you can enforce your rights.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Lesson to learn in life. People have to fight their own battles. You are doing no one favors in doing it for them.

Read your documents on how to remove a board member. Once you find that out then you and like minded people take that action. You do not do it alone in a HOA.

I just quit my job due to a bad supervisor and a nosy coworker. The behavior of which was mysognist. I would do something and then get reported immediately out of context or did not do it all. Was told to "get in my lane". Which is code for sexism.
I know another female co worker is subject to their behavior as well if not worse. I can not do anything for her or anyone else. She has to speak up herself. I will provide witness to her if needed. She has my support if wants to talk.It is not my business to handle it. My approach to the situation was to leave and walk away. These are not people I want in my life.

It is irrelevant to have personal email or text. It does nothing. Do the work by voting them out. Simple as that.

Former HOA President

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